Judith B. Paul Law Blog

Thursday, August 2, 2018

Florida Medicaid Review for an Individual

Florida Medicaid covers a lot of situations and people: children, infants, pregnant mothers, elders, disabled and more.

A Florida Elder Law Attorney who focuses her or his practice on Medicaid Planning is a valuable tool for you.  

To be eligible for Medicaid in Florida the individual must be in or going into a Medicaid approved facility, be financially eligible, and be medically eligible. If the elder requires assistance with the activities of daily living such as dressing, feeding, bathroom necessities, and bathing, the elder's physician may recommend placement in a facility such as a nursing home.  Therefore the elder is probably medically eligible for Medicaid; and if the elder is going into or is currently residing in a Medicaid approved facility (this means the facility accepts Medicaid payments) you've met the second requirement.
Read more . . .

Tuesday, July 24, 2018

Medicaid Florida Income Regulations

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Tuesday, July 24, 2018

Medicaid Florida Asset Regulations 2018

                                                   Courtesy of Krause Financial Services 

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Monday, August 21, 2017


There seems to be a disproportionate number of elderly people who are victims of scams and abuse.  Whether it is a matter of convincing a homeowner to take out a large home-equity loan with a high rate of interest and other built-in charges that are mostly unnecessary, or convincing an elderly person to let a "friend" or "neighbor" help them with their finances by adding that person to the elders bank account or to allowing someone to live with them (rent free) to help with the home chores, it is more common today than we have seen in the past.

Possibly due to our transitional society where a parent lives in Florida and the children are scattered around the country   and there are no family members to help oversee the safety and care of the elder.  It could be due to the elders having no family left or that their contemporaries are mostly in the same situation that they are and depend on each other for support and knowledge.  It could be that the elderly still believe that they can take care of themselves, make their own decisions and don't want any help, and consequently sign papers they should not, allow situations to get out of control and are then too embarrassed to tell anyone about it to rectify the situation.
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Wednesday, August 9, 2017

Personal Services Contracts for Medicaid Planning - Are they fair?

Krause Financial Services provides this information about Personal Services Contracts:

Personal Services Contracts (“PSKs”) are widely used in Florida as a Medicaid spend-down tool and allow for immediate Medicaid eligibility for the applicant. If used alone, the PSK poses three non-Medicaid problems to the recipient: (1) excessive income taxes, (2) loss of control, and (3) an unequal inheritance. However, if the PSK is coupled with an immediate annuity and a PSK Annuity Settlement Trust, the problems can be resolved. 

1)  the income taxes are limited to the amount of compensation received in a given year.

2) the monthly payments remaining flow directly to the PSK Annuity Settlement Trust following the death of the parent.
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Wednesday, July 26, 2017

Spousal Impoverishment Standards

Krause Financial Services announced that on July 1, 2017, Medicaid changed the spousal impoverishment standards for singles and couples who need Medicaid care and assistance. 

While some of the spousal impoverishment standards, such as maximum community spouse income maintenance allowance and community spouse minimum and maximum resource allowances are adjusted each January, section 1924 of the Social Security Act states that the community spouse’s MMMNA be adjusted with changes to the federal poverty level and be effective July 1st of each year.

The community spouse’s monthly housing allowance, which is a basis of determining if the community spouse may have excess shelter allowance, is calculated based on a percentage of the MMMNA. This figure is also adjusted each July 1st as well.

These figures are expected to update again January 1, 2018.

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Wednesday, July 26, 2017

Alzheimer's Medicaid Support -

The Senate may vote as early as Wednesday on legislation that, if signed into law, would have far reaching, damaging repercussions for those with Alzheimer’s and their families. The legislation could reduce support for millions of cognitively impaired elderly who rely on Medicaid services. 

Tell your Senators to support individuals living with Alzheimer’s now!

Alzheimer’s is progressive and fatal.
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Wednesday, July 26, 2017

Three Strategies to Prevent Dementia and Cognitive Decline

In a landmark report, scientists have endorsed three strategies for preventing dementia and cognitive decline associated with normal aging — being physically active, engaging in cognitive training, and controlling high blood pressure. This is the first time experts convened by the National Academies of Sciences, Engineering and Medicine have deemed scientific evidence strong enough to suggest that preventing dementia and age-related cognitive decline might be possible. Seven years ago, in a separate report issued by the Agency for Healthcare Research and Quality, scientists said they couldn’t recommend any interventions to forestall or slow cognitive deterioration because state-of-the-art science at that time didn’t offer enough support. Now there’s a considerably larger body of research to draw upon. And while findings are still far from definitive, “we found encouraging evidence that supports the value of several interventions,” said Story Landis, vice chair of the 17-member panel that prepared the report and director emeritus of the National Institute of Neurological Disorders and Stroke

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Tuesday, April 11, 2017



If you receive a call from the IRS or someone claiming they're from the IRS and that you owe back taxes . . HANG UP!

Happening now in Alachua, Levy, Gilchrist, Baker, Bradford and Union, Lake City, Ocala and Orlando, and probably more places.   Today I spoke with someone in Alachua County  who received a robo call from someone claiming to be a representative of the IRS and that this person was behind in her taxes and that she needed to CALL BACK IMMEDIATELY!!! She did just that.

The person on the other end verbally abused her and told her that she had to pay what she owed in taxes within the next half hour because the sheriff was on his way to arrest her.
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Tuesday, January 17, 2017

Social Security Changes 2017

Social Security showed a 3% increase this year for those folks who are accepting this now. Attached is the PDF put out by Social Security to show the newest updates and changes to the program for 2017. Some highlights: 

Cost-of-Living Adjustment (COLA)

Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2014 through the third quarter of 2016, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 0.3 percent COLA for 2017.

Other important 2017 Social Security information is as follows:

2016 2017  Tax Rate: Employee 7.
Read more . . .

Thursday, January 5, 2017

Colds and Flu Season 2016 - 2017

  • The Flu, colds, bronchitis and pneumonia have devastated many offices this year. As much as we try to stay healthy, it's almost impossible when we're out in public and people are EVERYWHERE! So, given the fact that we can't live in a bubble, here are a few tips to help you stay healthy this season.

    1) Wash your hands frequently with soap and water and carry an alcohol based hand sanitizer and use it after touching grocery carts, door handles, knobs, phones, and other people like after shaking hands.

Read more . . .

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